Terms and Conditions
Edmond Travel Limited ('Edmond Travel', 'HotelHK.com', 'Website', 'we' or 'us')
HOTEL('Your company', 'you', 'your')
We are the provider of the System that enables accommodation providers like you to sell access to your rooms (and other related items) on a commission basis through the Website.
You confirm you offer licensed Hotels or Guesthouses which operating legally and providing sleeping accommodation for any person presenting himself who appears able and willing to pay a reasonable sum for the services and facilities provided for a period.
You agree to supply, and we agree to distribute, accommodation and other related items on the terms of this Agreement.
Access to the System and Property Details
We will provide you with a username and password to access the System. You must take all necessary steps to protect the confidentiality of your password. You are responsible for any action taken by any person accessing the System with your password.
By loading the Property Details on to the System, you agree that we can display that information on the Website and accept Bookings on your behalf from Customers.
You are solely responsible for ensuring the completeness, reliability and accuracy of all Offers and any other information regarding your hotels held on the System and you must ensure that such information is not misleading or deceptive in any way (e.g. you must disclose details of an y circumstances that materially reduce the amenity of the Property during a particular period, such as construction works). You indemnify us against all costs (including fines or penalties) whether incurred by or imposed on you or us due to a breach of this clause by you.
Rate information that is to be provided by you to us shall include The Rate may be loaded in different currency and the settlement currency will be Hong Kong Dollar (HKD).
The Offers you load will be no less favourable to those made available by you to consumers directly, or through other distribution channels including any special offers, promotional rates and restricted rates.
We can alter, amend or deactivate the System at any time and for any reason whatsoever, including by deleting or removing any information or Offers contained on the System.
We make no representation and give no warranty as to the functionality, availability, use, operation or any other aspect of the System or the Website.
You will conduct yourself and ensure that any Offers you load onto the System are managed and operated in a manner consistent with all applicable laws. You warrant that you hold all necessary licences, permits, authorities and consents necessary to fulfil the Bookings. You must also ensure that the Property is safe, well maintained, has proper emergency egress and that your Personnel are trained in emergency procedures.
Bookings, Commission & Payment
We will accept Bookings via the Website, for which we will earn the Commission on the Booking Price.
We will notify you of every Booking made via the Website by email or any other agreed method of confirmation.
In respect of all Bookings, the contract of supply is between the customer and you, not us. You will supply and fulfil all elements of the Booking to the customer, as confirmed to you by us. Complaints or claims in respect of the products or services offered by you are to be dealt with by you, without mediation or interference from us. We are not responsible for and disclaim any liability in respect to such claims from the guests.
Despite the terms and conditions applicable to any offer you make, if you fail to provide customer with any or all elements of their Booking due to:
you must offer to provide the affected customer or Customers with:
the nationality of the customer is not appropriate for the offer; or
your deliberately or inadvertently overbooking or incorrect booking (including but not limited to providing incorrect status of room allotment to us) of the relevant property
You also responsible for paying refund and any compensation to which each customer is entitled under any applicable consumer protection laws and regulations. alternative service of equal or superior classification at the booked property or an alternative property, with the same or better facilities; and
travel costs to and from such alternative service, at no charge.
You agree that we may include these terms in any Offer you place on the System. The rights and obligations under this clause do not limit or affect our rights against you elsewhere under this Agreement. You must not, directly or indirectly, use Personal Information collected through a Booking except to the extent necessary to satisfy that Booking.
You agree that we may hold any money we receive from a customer in relation to a Booking in any account we choose and we may utilise those funds as our own.
When a booking is made by a guest on the website, you shall receive all relevant information as supplied by the guest. We are not responsible for the correctness and completeness of the information or the dates supplied by the guest.
You shall not transfer any booking to another hotel without prior consent.
We shall pay on a net account basis (refer to agreement). You shall invoice us for each used room. On each invoice, you should provide the customer's name, the booking number, the customer's arrival and departure dates and the applicable rate for each room used.
If no invoice is received by us from you for any reservation booked through Edmond Travel, then we shall be entitled to assume that no amount is due to you with respect to such consumed room.
Term & Termination
This agreement shall be valid for one (1) year and shall be renewed automatically at the end of the period unless terminated by either party given thirty (30) days prior notice.
After termination, the confidentiality and indemnity provisions of this Agreement will continue.
Any existing reservations from us at the time of termination shall be honoured by you, and all agreements with respect to these reservations shall survive the termination of the agreement. You must provide the accommodation or other valuable service required by any Booking made prior to the termination of the Agreement on the terms set out in this Agreement.
Confidentiality: You acknowledge that the service contains confidential and highly sensitive material. You therefore agree to maintain in confidence any such confidential information and apply security measures no less stringent that the measures which you apply to protect your own like information, but not less than a reasonable degree of care, to prevent unauthorized disclosure and use of the confidential information ??particularly with regard to the log-in details and other details regarding the System.
Waiver: A right may only be waived in writing, signed by the party waiving the right.
Amendment: We may amend this Agreement from time to time, by notice to you. Any changes will be effective upon posting a modified version on the System, and your continued use of the System following such amendment will constitute your acceptance.
Authority: By signing this Agreement, you warrant that you are legally authorized to enter into this Agreement and to take action under its terms in respect of the Property.
Notices: A notice under this Agreement may be sent by prepaid post, fax or email to the party's address which provided by you.
Force Majeure: The failure of a party to perform the Commercial Contract and these Terms and Conditions is excused if the non performance is caused by force majeure such as war, revolution, terrorist act, closure of borders, epidemic, natural catastrophe or other causes that seriously affect both parties and in particular the place where your Property is located as well as the country of origin of the Client and other unforeseeable causes beyond the parties' control.
Language: The English version of this agreement shall prevail over any inconsistent translation into any other language. The other version of this agreement is for reference only.
Governing Law: This Agreement is governed and construed by the laws applicable in (Hong Kong) and each party submits to the exclusive jurisdiction of the courts of (Hong Kong). On behalf of our company, I have read and hereby agree to all of the Terms and Conditions set out in the above Agreement.